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(영문) 창원지방법원마산지원 2020.08.12 2018가합100625

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) The Plaintiff: (a) 510 square meters in B miscellaneous land in Chungcheongnam-gun, Gyeongnam-gun; (b) 1,300 square meters in C miscellaneous land; (c) 241 square meters in D miscellaneous land; (d) 75 square meters in E miscellaneous land; (b) 199 square meters in F miscellaneous land; (c) 325 square meters in G miscellaneous land; and (d) 666 square meters in H miscellaneous land (hereinafter “instant land”).

(2) On the ground of the instant land, the building and gas stations owned by the Plaintiff (hereinafter “instant gas stations, etc.”) are the owners of the instant land.

2) The Busan Regional Land Management Office under the defendant is the project executor of the expansion of the I National Highway (J roads; hereinafter referred to as the “instant national highways”).

B. The Plaintiff’s purchase, etc. of the instant land (1) on April 24, 201, the Plaintiff: (a) on April 24, 201, 190 square meters for the instant land (excluding 666 square meters for H gas stations) and for the gas station located in the Gyeongnam-gun, Gyeongnam-do; (b) 324 square meters for L miscellaneous land; (c) 100 square meters for M road; and (d) 322 square meters for a N road (hereinafter “instant land”).

) On the ground of this case, gas stations, etc. were purchased at KRW 1.38 billion, and the registration of ownership transfer was completed on May 25, 201 (the foregoing H H gas station site was completed on August 9, 2012). The registration of ownership transfer was completed on August 9, 2012.

(2) From around that time, the instant gas station, etc. was leased to another person. On the other hand, some of the land purchased by the Plaintiff was scheduled to be transferred to the national highway of this case, and the Plaintiff separately agreed that the seller and the Plaintiff agreed that “The remainder date shall be the date the compensation for losses was generated, and the compensation for losses shall be deducted from the purchase price.”

3) From June 8, 2011 during the construction of the instant national road expansion project, the Defendant began consultation with the Plaintiff on compensation for losses. The Defendant decided to compensate for the instant expropriated land and obstacles (contests, rest areas, signboards, flowers, street lamps, septic tanks, etc.) included in the instant national road expansion project. The instant expropriated land was completed on August 29, 201 on the ground of an agreement on the acquisition of public land in the Defendant’s future, and the ownership transfer registration was completed. The Defendant was the Plaintiff’s compensation for the instant expropriated land. < Amended by Act No. 2027, Jun. 17, 2016>